Physical Injuries, Threats and Unjust Vexation

Right After It Happens

1. Get to safety and get treated. If someone is badly hurt or still in danger, call 911.
2. Get examined and ask for a certificate. Ask for a medico-legal certificate from the PNP medico-legal officer, or a Medical Certificate from a government or private hospital or clinic. It should describe the injuries and the estimated days of healing or medical attendance. This number of days usually decides which crime can be charged.
3. Report it to the police or the barangay. A blotter entry (the police or barangay logbook record of an incident) records the date, place and what you reported. It is not a case by itself, but it helps show you reported the incident right away.
4. Keep evidence. Photos of injuries and damage, CCTV footage (ask the owner early, as it may be overwritten), messages or recordings of threats, and the names and contact details of witnesses.

Physical Injuries (Articles 262 to 266)

The Revised Penal Code (RPC) classes injuries mostly by the harm done and the days of illness, medical attendance or inability to work:

In plain terms: arresto menor is 1 to 30 days in jail, arresto mayor is 1 month and 1 day to 6 months, prision correccional is 6 months and 1 day to 6 years, and prision mayor is 6 years and 1 day to 12 years (Art. 27). Mutilation (Art. 262) and giving someone a harmful substance (Art. 264) are separate, heavier crimes. The fines above are those set by Republic Act No. 10951 (RA 10951) in 2017.

If the injuries came from a road crash and not a fight, the case is usually reckless imprudence instead. See what to do after a road accident.

Threats, Coercion and Unjust Vexation

• Grave threats (Art. 282): threatening to commit a crime against you, your family or your property, such as killing or burning your house. If the threat demands money or sets a condition, the penalty is one degree lower than for the crime threatened (two degrees lower if the offender did not get what they wanted). A threat without a condition is punished with arresto mayor and a fine of up to ₱100,000.
• Light threats (Art. 283): threatening a wrong that is not a crime, with a demand or condition.
• Other light threats (Art. 285): drawing a weapon in a quarrel (not in self-defense), threatening in the heat of anger to do harm without persisting in the idea, or orally threatening a wrong that is not a crime. The penalty is arresto menor in its minimum period or a fine of up to ₱40,000.
• Grave coercion (Art. 286): using violence, threats or intimidation to stop someone from doing something the law does not forbid, or to force them to do something against their will. The penalty is prision correccional and a fine of up to ₱100,000.
• Unjust vexation (Art. 287, second paragraph): annoying, irritating or tormenting someone without a lawful reason, for example repeatedly blocking their way or harassing them in ways that are not another crime. The penalty is arresto menor, or a fine of ₱1,000 to ₱40,000, or both.

Under Art. 284, a person charged with threats may also be required to post a bond to keep the peace.

If the threats or harassment come from a husband, ex-partner or boyfriend, the stronger law is RA 9262. See VAWC cases. If the fight is about a pathway, see whether a neighbour can block your right of way.

Barangay First, Then the Prosecutor

Under the Katarungang Pambarangay law (RA 7160, the Local Government Code), disputes between individuals who live in the same city or municipality usually start at the barangay. Crimes punishable by more than one year in prison or a fine of more than ₱5,000 are excluded. In practice, slight physical injuries, light threats and unjust vexation between neighbours usually go to the barangay first, while serious physical injuries and grave threats usually do not. See barangay conciliation.

If you do not settle, ask for the Certificate to File Action. Then file a sworn complaint with the police or directly with the Office of the City or Provincial Prosecutor. See filing a criminal complaint for the steps.

Watch the deadline. Under Article 90 of the RPC, light offenses (such as slight physical injuries, other light threats and unjust vexation) prescribe in two months. Crimes punishable by arresto mayor prescribe in five years, and other correctional crimes in ten years. While a complaint is at the barangay, the clock stops, but for no more than 60 days.

Self-Defense

Under Article 11 of the RPC, a person who defends themselves is not criminally liable if all three are present:

1. Unlawful aggression: an actual or imminent attack by the other person;
2. Reasonable necessity of the means used to stop or repel it; and
3. Lack of sufficient provocation on the part of the person defending themselves.

Defending a spouse, parent, child, sibling or certain other relatives, or even a stranger, is also allowed on similar terms. Once the attacker has stopped or run away, hitting back is no longer self-defense. Whether self-defense applies is decided on the facts by the prosecutor and the court. If you are the one accused, get legal help from the Public Attorney's Office (PAO) or the IBP legal aid office.